Presentation of the defense case

Presentation of the defense case

The standard of proof needed before a defendant is held to answer is far less than proof beyond reasonable doubt. Therefore, magistrates frequently hold the defendant to answer. Therefore, defense counsel is seldom well-advised to present an affirmative case, preferring not to allow the prosecution to cross-examine his or her witnesses and to discover more of the defense case. The defendant should not be permitted to testify except in the most extreme situations.FN20